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(영문) 수원지방법원 평택지원 2014.06.11 2013고합112

아동ㆍ청소년의성보호에관한법률위반(준강간등)등

Text

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of three years.

For the defendant, 200 hours of the sexual assault therapy.

Reasons

Punishment of the crime

1. The Defendant, at around 09:00 on August 1, 2013, 2013, 2012: (a) at the small room of Pyeongtaek-si D building B 208, which is the self-employed house of pro-gu C, the Defendant had sexual intercourse with a child or juvenile by inserting the victim’s mental condition or refusing to resist, taking advantage of the victim’s mental condition or refusing to resist. (b) At the time when the victim E (here, 15 years of age) was considered to be locked by drinking, the victim was able to rape the victim in a timely manner; and (c) the victim was kid with the victim, and confirmed that the victim was in a state of non-harm or refusing to resist.

2. On April 8, 2013, the Defendant posted a notice to the effect that “A victim F (a person aged 16) seeks to participate in a sports in the New Zealand,” on the Internet website bulletin board, and the Defendant made a false statement to the effect that “A victim was phoneed without intent or ability to sell a sports in the Republic of Korea even if he/she received money from the victim, he/she phoneed the victim with no intent or capacity to sell the sports in the Republic of Korea, and sent KRW 130,000 won to the victim on his/her home page.”

As above, the Defendant, by deceiving the victim, received 130,000 won from the victim as the price for movementation and acquired it by fraud.

3. 2013Gohap143

A. On April 9, 2013, the Defendant: (a) posted a text message stating that “The victim G (the age of 21) sought the ASEAN x H” on the Internet NAV website bulletin; and (b) sent the victim a Kakakao Stockholm text message using a mobile phone with the cell phone stating that “The victim will send clothes at the face of remittance 20,000 won.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to send clothes to the victim.

Nevertheless, the defendant deceivings the victim as above and receives 220,000 won from the victim to the bank account under the name of the defendant on the same day.